Estate Law Questions? Ask an Estate Lawyer.
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A trustee can be removed for self-dealing: this means using their position as trustee in order to realize personal gain. Generally this is considered a very serious offense, and the trustee can be ordered to make restitution to the trust, either by returning the property or paying any ill gotten gains.
Since you can't find an attorney in your county, you should consider an adjacent county; ideally one that is experienced in estate planning litigation.
My children are 18 and 17. My 18 yr old is autistic and i have an guardianship in place for him. My 17 yr old is off to college in 2 months and everytime i ask for a bill paid the sister sends me emails or text berating me about my childrrn not having contact with them. The two trustees, one just had a stroke and the other refuses to answer legal letters sent. Arent they both suppoesed to make decisions? if he just had a stroke and isnt involved in decision making shouldnt he be removed also
Yes, a trustee is generally removed for incapacity (inability to do the job). Either the court will appoint a successor trustee or they will appoint the successor trustee named in the trust. Maintaining contact with the trustee is generally NOT a requirement (unless the trust specified that as a condition). If the other trustee refuses to answer legal inquiries, then he can be removed for failing to keep the beneficiaries informed/up to date. The trust may provide that co-trustees may act in unison; or it may state that the one trustee will be the sole trustee upon the other's incapacity. It depends on the terms of the trust. But you would need to petition for removal of the trustee-and this requires a court hearing to assess whether the trustee is complying with the terms of the trust (in the opinion of the judge).
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sorry, talking points for a new attrny
Sure. What do you mean? Things you should ask a new attorney to determine their experience?
First, you can look them up on the state bar to make sure there is no disciplinary action against them. It's always a good idea to make sure they have malpractice insurance. And then ask how many similar cases they've had. It's also a good idea, if they are new and a sole practitioner, whether they have a mentor, as that is nice to know.
thank you. bye
You are welcome. Good luck with this. Take care.